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denp02

Newbie
Jun 26, 2014
3
0
Me and my girlfriend have been together for over a year. She is from Canada and I'm from the US. We sent proof of the relationship using pictures, trips we took, us meeting each others parents, money she sent me, money I sent her, Skype, Facebook, Facetime logs etc. We don't have bills or bank accounts in each others name. I haven't moved there because my lease wasn't up for my apartment and I have been saving up to make a move. My lease is up at the end of the month. If I move to Canada I won't be able to work. I can however, commute to New York and work since she lives kind of close. I am lost as to what steps to take so I can prove we are in a real relationship. Thanks


I received this email below. It may help with my situation

"I have reviewed your application for a permanent resident visa as a member of the family class. I have concerns that you do not meet the requirements for immigration to Canada.

Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.

According to section 2 of the Immigration and Refugee Protection Regulations, a conjugal partner means, in relation to a sponsor, a foreign national residing outside Canada who is in a conjugal relationship with the sponsor and has been in that relationship for a period of at least one year.

I am not satisfied that you and your sponsor have maintained a conjugal relationship for at least one year as per section 2 of the Regulations. Canadian courts have set out the generally accepted characteristics of a conjugal relationship. These involve a mutual commitment to a shared life and a relationship of some permanence where the two parties are interdependent and have combined their affairs economically, socially, emotionally and physically, with consequences for one affecting the other. I am not satisfied that you and your sponsor have met these criteria, based on the evidence you have provided. In addition, you did not submit evidence of cohabitation to meet the definition of common-law partner. As you have not provided any evidence of an impediment to marriage or cohabitation in a common-law relationship, which are both legally recognized in Canada for the purpose of federal benefits and obligations and are provided for in the Act, I am not satisfied that you and your sponsor have the significant degree of commitment characteristic of a conjugal relationship.

Subsection 11(1) of the Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.

The onus is on you to satisfy me that a permanent resident visa can be issued to you. I would therefore request that you send any information or documents which you consider might respond to this concern within sixty (60) days. You can refer to the CIC website and the definition of conjugal partner for assistance in meeting this requirement: I must also advise you that failure to disabuse me of my concern could lead to the refusal of your application. Please quote your complete application number on your correspondence and address your correspondence to CPC-Ottawa at the address indicated below.

I hope to hear from you within sixty (60) days."
 
you do not qualify for a conjugal relationship since you obviously can see eachother freely and have no cultural or religious reasons why you can not get married. Remember, not having the financial means to get married does NOT qualify as a significant barrier. Only issues with immigration (not being able to travel to the other's country) and cultural/religious barriers to marriage (ie: country not recongizing marriage) are valid reasons for conjugal. For the most part, US/Canadian couples DO NOT experience either of these barriers. specifically: "As you have not provided any evidence of an impediment to marriage or cohabitation in a common-law relationship, which are both legally recognized in Canada for the purpose of federal benefits and obligations and are provided for in the Act, I am not satisfied that you and your sponsor have the significant degree of commitment characteristic of a conjugal relationship.".

I believe the best option for you at this point is to withdrawl the application and reapply as either COMMONLAW (if you can PROVE 365 consecutive days cohabitating) or SPOUSAL, which would require you to get married first. Otherwise, you are just in for a full rejection of your application.

You *may* be able to request your application to be changed to one of the other applications within the 60 day timeline they gave you, if you can gather the documents in time. I would think it would require completing the paperwork for those applications and sending it in with the request. Not sure if this works or if it's best to just withdraw.
 
It's not at all surprising you've received this letter. Conjugal is meant for people who cannot get married and cannot become common law. As a US / Canadian couple, you face no barriers to doing this. Consequently you don't qualify for conjugal.

I would personally withdraw the application and resubmit once you are either married or have lived with each other for a full year to meet the common law requirement.
 
Its not just proving your relationship is real. It is about proving that your relationship is real and meets the requirements as defined by CIC in the relevant categories.

Did you apply as a conjugal partner? if yes, then from what I have read on this forum and advice given by other members, it is extremely difficult to receive PR via the conjugal route. Apparently a couple from Canada and the US will definitely not be considered as meeting the requirements via the conjugal application.

In my opinion, your only option is to get married if you want to apply now. Alternatively you can live together for a year and apply as common-law.
 
Thanks for all the information. It really helps me understand some perceptive about the process.
 
If I move t at the end of the month, how long can I stay in Canada? My plan is to work live with her and commute to New York. Will I need to apply for some other visa while I'm living there?
 
US citizens can not "move" or "live" in canada unless being approved for a work/study permit or PR status. At this point, you can only enter as a visitor, and you can technically be there for the duration of the process. Visitors can not work while in canada for canadian employers. Visitors CAN work remotely for non-canadian employers while in canada as a visitor.

If you attempt to enter canada with all of your belongings, you wil be turned away at the border. You can be there for 6 mo (assuming the border agent doesn't limit your stay), then apply for an extension to be there for the process. Since it sounds like you are commuting to NY for work, this probably won't be the best option for you. How often and how long you can stay in Canada when crossing will be in the hands of the border agent you get each time. You may or may not run into problems going there regularly. If you plan to cross multple times to live/work, then it's super important to be able to provide proof your residence is in the US, NOT in Canada. When you tell them you have a PR application submitted, they will verify that information on their end before letting you in.
 
As mentioned above, there's no visa available that will allow you to temporarily move to Canada and commute to New York to work. All you can do is visit. Each time you enter Canada immigration will assess you and determine if you should be allowed in (and for how long) or not. If you end up going back and forth often, this increases your chances of being refused entry since you will be behaving as a resident rather than a visitor. You can certainly try this and see how long it works. But make sure you have a back up plan in the event you're refused re-entry into Canada and are told you can't come back for a while.

Ditto on not arriving at the border with everything you own in a car/truck.
 
denp02 said:
I haven't moved there because my lease wasn't up for my apartment and I have been saving up to make a move. My lease is up at the end of the month. If I move to Canada I won't be able to work. I can however, commute to New York and work since she lives kind of close. I am lost as to what steps to take so I can prove we are in a real relationship. Thanks

In terms of barriers to living together, CIC does not accept personal choices such as having an existing lease commitment or employment reasons. They ONLY acceptable reasons are due to immigration/legal issues. i.e. if you both required visas to visit each others country, but were refused for them. Since US and Canadian citizens are visa-exempt and can pretty much travel freely for long durations to each others countries... there are really no legitimate barriers here.

So basically you have no choice now but to withdraw your current application (or wait till they reject it). And then you have only 2 options:
1. Get married right away and submit a new application after the wedding
2. Live together for 12 consecutive months to become common-law, then submit a new application.